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(영문) 수원지방법원 여주지원 2016.04.01 2016고단127
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Power of crime] On June 14, 2013, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court, and the judgment became final and conclusive on June 22, 2013.

[2] The Defendant agreed to pay KRW 125 million from the victim C in April 2005 to the Defendant’s account at 2% of interest per month, within three months from the date on which the victim’s request for repayment was made, on April 21, 2005, and on April 22, 2005.

Since April 2008, the Defendant was unable to pay interest to the victim, and the principal was urged to return from around that time, and around August 26, 2008, the Defendant requested the victim to pay the original and unpaid interest by September 2, 2008.

The issuance of a promissory note with the certification of its content was in mind of being deferred from the due date for payment.

Accordingly, around September 2, 2008, the Defendant stated “E” in the recipient column of the promissory note site located in the Defendant’s residence located in Yangcheon-gu Seoul Metropolitan Government D Apartment No. 112, 1205, and 1205, and sent the Defendant’s seal to the Defendant’s husband of the victim and the victim’s husband after marking the Defendant’s name at the victim’s name. The Defendant stated “E” and the amount column in the column of payment “No. 125,00,000 won per annum 15,000,000 won per annum),” “No. 2, 2008,” “No. 3, 2008,” and “A” in the issuer column, respectively.

was issued.

However, in fact, the defendant did not have the intention or ability to pay the investment money to the victim by the due date, because the possibility of collecting the investment money was uncertain in the business related to shipping markets, commercial buildings, and containers that were conducted with F in the situation that the defendant bears a debt worth of 3.6 billion won without a certain revenue.

As above, the defendant deceivings the above victim and is subject to delay of debt performance by October 2, 2008, which is the date of payment of promissory notes from the injured party.

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